Can I Partition Property Owned with My Spouse After Separation but Before Divorce in Utah? | Utah Partition Actions | FastCounsel
Get Matched
UT Utah Partition Actions

Can I Partition Property Owned with My Spouse After Separation but Before Divorce in Utah?

August 5, 2025 2 min read

Detailed Answer

Disclaimer: This article is for educational purposes only and does not constitute legal advice.

In Utah, any co-owner of real property may file a partition action to divide or sell jointly held land. This right applies even if the co-owner is your spouse and you have separated but not yet finalized a divorce.

1. What Is a Partition Action?

A partition action is a lawsuit in which co-tenants ask the court to divide property (partition in kind) or order its sale and distribute proceeds (partition by sale). Utah’s partition statutes appear at Utah Code § 78B-6-501 et seq. (see https://le.utah.gov/xcode/Title78B/Chapter6/78B-6-S501.html).

2. Spouses as Co-tenants

If you and your spouse hold title as joint tenants or tenants in common, you are co-tenants. Separation does not end co-ownership. You maintain an equal right to request partition under Utah Code § 78B-6-501.

3. Interaction with Divorce Proceedings

Once you file for divorce, the divorce court gains authority over marital assets. If you initiate partition before or during divorce, the divorce court may:

  • Consolidate the partition action into the divorce case.
  • Consider any partition agreement when equitably dividing property under Utah Code § 30-3-1 et seq. (equitable distribution).

Filing for partition does not guarantee that a divorce court will respect the division entirely. Divorce judges may adjust property distribution to ensure fairness.

4. Steps to File a Partition Action

  1. Confirm your ownership interest and title type (joint tenancy vs. tenancy in common).
  2. Draft and file a complaint for partition in the district court where the property lies, citing Utah Code § 78B-6-501.
  3. Serve your spouse/co-tenant with the lawsuit.
  4. Attend mediation or hearings to negotiate in-kind division or sale terms.
  5. If negotiations fail, the court will order partition in kind or sale and divide proceeds based on ownership shares.

5. Risks and Considerations

  • Divorce courts may revisit or modify partition outcomes.
  • Legal fees for partition may increase overall costs.
  • A forced sale could yield less value than a private market sale.
  • Negotiating a separation agreement can provide more control than a court order.

Helpful Hints

  • Review your deed to confirm how you hold title.
  • Consider mediation before filing to save time and costs.
  • Check local district court rules for filing procedures.
  • Document all communications with your spouse about property division.
  • Consult a family law attorney to understand divorce-related impacts.
  • Keep track of all expenses related to the property (taxes, maintenance).

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.